Q: Commercial lease agreement. Landlord trying to back out before moving in, after signed lease and deposit.
My fiance signed a lease for a commercial building on July 31 2017, and paid the landlord first month's rent. On August 8th 2017 the landlord told my fiance he wanted to put a hold on the deal and for my fiance to move his belongings and he would return his payment...
After telling my fiance this he placed a different lock and chain on the gates and told my fiance when he needs to move his things call him and he will come unlock the gates...
Can he legally do this? My fiance signed the lease for 5 years. and gave first months rent. He hired workers to move stuff into the building for the entire month of August. He paid someone to mow the lawn already, and he paid to have the inside cleaned. Can he sue for the term of the lease since the landlord is trying not to allow him to move in? He provided my fiance with key's to the gates and buildings upon signing the lease, but again has now placed a new lock and chain so he can not enter the property.. ECT
A: Assuming you all have perfectly executed your end of the Lease Contract, this is obviously a Breach of Contract Cause of Action. However the Lease Contract may give him the right to rescind, or even specify liquidated damages. Commercial Leases often do. You need to immediately contact a competent attorney, read the Contract, and sue in either General Sessions if under $ 25,000 or go to Circuit Court. I hope you know the name and address of the actual owner, as he deserves a Judgment Lien filed against him. Even better check out the Bank he deposited your rent check in so you can possibly garnish it.
A: I agree with the comment that the lease agreement controls. A lease creates an interest in the real property. It also establishes the rights and obligations between the parties. Unless the Lease provides the Landlord the right to rescind the lease or the Landlord is some how claiming some other term of the lease provides the remedy of terminating the lease by the Landlord, then your finance has a right of action and may seek specific performance of the lease and / or damages. Look for an attorney's fees and costs provision in the lease. Sometimes these are mutual - prevailing party recovers.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
